what are the legal steps if proceeded, what will they do if she agree?

Hi all,

My sister is currently holding employment at accenture and received call from HR saying that the previous experience documents she provided are false and told her that if she don't accept she will be proceeded legally or if she accept it then they will obviously terminate her.
my question is will she get her experience letter at least as she worked for almost 1.9years in that company if she accepts they are false? or she will be directly terminated immediately.
And what happens if she dont accept, what are the legal steps that the organization might take?

Please suggest.

Hi,

Whether she accept or not the net result will be termination only for submitting fake documents.

They will serve the termination which will act as proof of employment. Proper relieving with experience letter will be tough and cannot be expected.

What will be the legal actions if the they want to proceed sir.
Because they clearly told that she will be processed with their legal team and receives a show cause notice in 2 days if she don't accept.

Hi,

Whether she submitted fake experience documents or not ? If NO means she can defend strongly. If yes means better accept and get rid out of the issue.

What will be the legal actions : It depends on the nature of contract. Anything committed by her signing Indemnity Bond or so?

There is no such bond signed by her but I heard some companies wants to recover money from the employee in such cases is it true?

Hi,

In the absence of Bond once the employment contract is terminated by the Employer, the Employer -Employee relationship come to and end. Maximum Employer can hold the full and final settlement and can deny proper relieving.

If you check the initial appointment order there should be some clause saying that in case of submission of wrong documents by the employee, employer has the right to terminate the contract without any notice.

To recover the whole salary paid to the Employee post termination there should be some strong documentary evidence. As this is not a case of swindling money from employer there will not be any harm from the employer hopefully.

Dear OP,

The moot question here is whether the experience documents are genuine or fake.

If it is genuine then she can clear the issue with HR in an amicable manner.

If the document is fake, then it is a serious matter as it amounts to forgery, which is a criminal offense chargeable under section 463 of IPC.

As to whether the company will proceed legally, it depends on how things pan out, and they might go legal if the issue becomes confrontational.

So take a call based on the truth, which only your sister knows.

My take is that your sister should get out of the situation as amicably as possible.

Regards
Arun

An organisation like Accenture will not paradon the mistake so easily. Submitting a false experience letter indicates that the employee would have been ineligible for employment otherwise. This is not only a fraud with the organisation but also some genuine candidate has lost an opportunity for employment in this process. In this background, it is too much to expect that the experience letter would be creditable.
As to what action Accenture would take, it is anybody's guess. At best, you can hope that they will not precipitate this into a criminal complaint or seek compensation for the fraud played on them.

You are yet to inform whether allegations as to documents are true. If the allegations are baseless, the issue could be met on merits.